The central administrative tribunal which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain.
Recently, the Delhi High Court has held that the CAT can exercise the same jurisdiction and powers, as a High Court, in respect of its contempt proceedings. Thus, it gave more power to act as an independent judicial authority. Also, CAT has shown that it exercises its power as independent judicial authority in many cases like:
1. In UPSC vs EWS candidate case CAT took swift action to allow EWS candidates to give mains exam and decide matters later.2. CAT is also giving judgement against the central government. (DGP Jacob Thomas)3. CAT has also held that government employees on the verge of superannuation should not be disturbed merely because they have stayed for a considerably long period at a particular place.4. The conditions of service of the chairman and members are the same as applicable to the judge of HC as per Administrative Tribunal (Amendment) Act 2006.
However, the Central Administrative Tribunal still cannot be called truly independent judicial body because:
1. Tribunals are mainly chaired by retired judges, so present judges in the court may favour the government in certain matters.2. It is dependent on the executive for appointing members of the tribunal and their funding.3. As per Parliamentary standing committee report, 7 benches of CAT do not have their own building.4. In the L Chandra case, SC held that Tribunals are under the supervisory power of the High Court.
The tribunal which was formed for grievance and complaints redressal has although evolved into a judicial body but it cannot be called entirely independent.
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